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STATE v. ANGELL

No. 31787.

609 S.E.2d 887 (2004)

216 W.Va. 626

STATE of West Virginia, Plaintiff Below, Appellant, v. Myra Lea ANGELL (a.k.a. Myra Lea Smith), Defendant Below, Appellee, and STATE of West Virginia ex rel. Michael T. Clifford, Prosecuting Attorney for Kanawha County, Petitioner, v. The Honorable Irene Berger, Judge of the Circuit Court of Kanawha County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided December 1, 2004.

Attorney(s) appearing for the Case

Michael T. Clifford, Prosecuting Attorney, Richard M. Riffe, Michele R. Duncan Bishop, Special Assistant Prosecuting Attorneys, Charleston, for the Appellant.

L. Eugene Dickinson, Public Defender Corporation, Charleston, for the Appellee.

ALBRIGHT, Justice.

This action comes to us as an appeal and petition for writ of prohibition filed by the State of West Virginia through the prosecuting attorney of Kanawha County (hereinafter referred to as "the State"), and involves the April 20, 2004, final order of the Circuit Court of Kanawha County. In its April 20, 2004, order, the lower court found that a violation of due process occurs when an attorney employed full-time by the West Virginia Workers' Compensation...

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